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Document 62017TO0197
Order of the General Court (Ninth Chamber) of 4 May 2018.
Marc Abel and Others v European Commission.
Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person –Harm not capable of being compensated — Application for an injunction.
Case T-197/17.
Order of the General Court (Ninth Chamber) of 4 May 2018.
Marc Abel and Others v European Commission.
Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person –Harm not capable of being compensated — Application for an injunction.
Case T-197/17.
Order of the General Court (Ninth Chamber) of 4 May 2018 –
Abel and Others v Commission
(Case T‑197/17)
(Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person — Harm not capable of being compensated — Application for an injunction)
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Non-contractual liability—Conditions—Unlawfulness—Injury—Causal link—Cumulative conditions—Obligation on the court to examine in a given order—None (Art. 340, second para., TFEU) (see paras 24, 25) |
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Non-contractual liability—Conditions—Unlawfulness—Injury—Causal link—One of the conditions not satisfied—Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 26, 33, 36, 41) |
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Non-contractual liability—Conditions—Actual and certain damage—Burden of proof (Art. 340, second para., TFEU) (see para. 27) |
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Non-contractual liability—Injury—Damage for which compensation is available (Art. 340, second para., TFEU) (see paras 34, 35) |
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Actions for damages—Jurisdiction of the EU judicature—EU to be ordered to pay compensation for damage in accordance with general principles common to the laws of the Member States on non-contractual liability—Reparation in kind in the form of an injunction or prohibition (Arts 268 TFEU and 340, second para., TFEU) (see paras 38, 39) |
Re:
Application pursuant to Article 263 TFEU seeking compensation for the harm suffered by the applicants following the adoption of Commission Regulation (ΕU) 2016/646 of 20 April 2016, amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ 2016 L 109, p. 1).
Operative part
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The action is dismissed. |
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Mr Marc Abel and the other applicants whose names appear in the annex to the judgment are ordered to pay the costs. |